DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3889)

BLOC OPERATIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Bloc Operations Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bloc Operations Pty Limited / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement between Bloc Operations Pty Limited and the union. The agreement aimed to cover employees of Bloc Operations, a company engaged in various construction projects. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the agreement.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements set forth in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith and if it contained essential workplace terms that were clear, fair, and provided for proper dispute resolution mechanisms. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and employees.

In delivering its decision, the Fair Work Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and contained clear, fair, and essential workplace terms. It was satisfied that the agreement provided for appropriate dispute resolution mechanisms and adequately balanced the interests of both parties. Consequently, the Commission approved the collective agreement, finding it met all statutory requirements for approval.

The Fair Work Commission approved the Bloc Operations Pty Limited / CFMEU Collective Agreement 2018, determining that it complied with the necessary legal standards under the Fair Work Act. The Commission's decision affirmed the agreement as a valid and binding contract between Bloc Operations and the CFMEU, providing a framework for fair workplace practices and dispute resolution.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established